Citation: ASHETON v. ASHETON, 1 U.S. 4 (1760)
Facts of the Case:
The case involved a will that devised property to the first male heir of I.S. when he reached the age of 21, with the condition that he pay £40 each to I.S.’s daughters, A. and B .After I.S.’s death, he had a son who reached the age of 21 and paid his sisters the £40 each
Issues of the Case:
Admissibility of the Devise: Whether the son of I.S. could take the property by executory devise
Timing of the Devise: Whether the devise was too remote and violated the rule against perpetuities
Interpretation of the Will: Whether the words “first Heir Male” referred to the first son of I.S.
Plaintiff:
The Lessee of Asheton: Representing the interests of the first male heir of I.S.
Defendant:
Asheton: Representing the interests of I.S.’s daughters, A. and B
Court which Decided the Case:
Supreme Court of Pennsylvania: The case was decided during the April Term of 1760
Judgement:
The court ruled in favor of the plaintiff, stating: “The Intent of the Testator is clear, that the first Son of I. S. should take .Therefore judgment By the Court
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